At aGallery4Art we pride ourselves on delivering the highest quality art and customer service. Please read this carefully before purchasing an item. We would advise you to print out so you have a copy for your records.
In the event of queries please contact aGallery4Art at email@example.com
In this agreement:
The term "aGallery4Artr" or "us" or "we" refers to the owner of the website whose registered office is A Gallery 4 Art, PO Box 285, BRISTOL, BS15 0BY. Also the entire computing hardware and software installation that is or supports agallery4art.co.uk.
The term "you" refers to the user or viewer of our website.
The term “Carrier” means any person or business contracted by us or our artists to carry goods from us to you, whether all or part of the distance.
The term “Goods/Artworks” means any of the goods we offer for sale on agallery4art.co.uk.
The term “Content” means information in any form published on agallery4art.co.uk by us or any third party with our consent.
2. Our contract with you
2.1 These terms and conditions apply:
2.1.1 so far as the context allows, to you as a visitor to aGallery4Art; and
2.1.2 in any event to you as a buyer or prospective buyer of our Goods/Artworks.
2.2 Goods/Artworks advertised may not be available.
2.3 We shall accept your order by e-mail confirmation. Our message will also confirm details of your purchase and tell you when we shall despatch your order. That is when our contract is made. It is possible that the price may have increased from that posted on our web site.
2.4 We may change these terms from time to time. The terms that apply to you are those posted here on aGallery4Art.co.uk on the day you order Goods/Artworks.
2.5 All descriptions, weights and sizes of Goods are those of the original artist and you may not rely on their accuracy. Accordingly, any such description shall not form part of this Agreement.
2.6 If the Goods you order are not available, we will offer you alternatives before we despatch your order. If this happens you may:
2.6.1 accept the alternatives we offer;
2.6.2 cancel your order;
2.6.3 leave the order valid, but tell us to omit the out-of-stock item.
2.7 If we owe you money (for this or any other reason), we will credit your credit or debit card as soon as reasonably practicable but in any event no later than 30 days from the date of your order.
2.8 Goods are at your risk from the moment they are picked up by the Carrier from our artists.
2.9 Your contract is with us, not our artists. You may not under any circumstances correspond with or communicate with our artists regarding sales of Goods, returns, commissions or refunds.
3. Price and Payment
3.1 You must pay us the full price of your order before we will send any part of it.
3.2 Banking charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than pounds Sterling will be borne by you.
3.3 Any details given by us in relation to exchange rates are approximate only and may vary from time to time.
3.4 You will pay all sums due to us under these terms by the means specified without any set-off, deduction or counterclaim.
4. Information you give us
4.1 You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. We need this information to provide you with the Goods/Artwroks.
4.2 We will use our reasonable endeavours to respond to any point of dissatisfaction by you, provided you contact us within three months of purchase.
5.1 Deliveries will be made by the Carrier to the address stipulated in your order. You must ensure that someone is present to accept delivery.
5.2 If we are not able to deliver your Goods within 30 days of the date of your order, we shall notify you by e-mail to arrange another date for delivery.
5.3 We may deliver the goods in instalments if the goods are not available at the same time for delivery or are from different Artists.
6. Orders from outside the UK and Northern Ireland
6.1 We do not deliver outside the UK and Northern Ireland without you contacting us prior to ordering. It is at the registered Artists discretion whether he/she decides to dispatch outside the UK and Ireland. Additional postage and packaging cost will apply.
6.2 Orders placed for delivery outside the UK and Northern Ireland without contacting us prior to ordering will be rejected and any payments refunded.
7. Returns and refunds
Because you are buying the Goods/Artworks by mail order, you may have a right of cancellation. If you do, (and only if you do), these are the terms which apply:
7.1 All correspondence regarding the return of Goods/Products shall be carried out between You and us. You may not contact any Artist directly for any reason.
7.2 You must tell us you wish to cancel within 14 days of your receipt of the Goods
7.3 In any event, you may not cancel orders for food or other perishable Goods, nor for handmade, specially commissioned, Made4U or personalised goods;
7.4 The Goods/Artworks must be returned to the artist within 21 days of delivery:
7.4.1 with both goods and all packaging in their original condition;
7.4.2 securely wrapped;
7.4.3 including our delivery slip;
7.4.4 at your risk and cost.
7.5 After our artist has received the Goods/Artwroks, we will credit your credit/debit card or Paypal account with the full purchase price of the goods returned no later than 30 days from the date of receipt;
7.6 If you do not return the Goods/Products to us, you are still liable to us for the cost.
7.7 We are under no obligation to collect or recover Goods/Artworks from you, but if we do, our costs will be payable by you.
7.8 In any event, you may not cancel orders for Made4U, specially commissioned or personalised goods.
8.1 We or our Content suppliers may make improvements or changes to aGallery4Art, the Content, or to any of the Goods/Artworks, at any time and without advance notice. The content of the pages of this website is for your general information and use only
8.2 You are advised that Content may include technical inaccuracies or typographical errors.
8.3 We give no warranty and make no representation, express or implied, as to:
8.3.1 the adequacy or appropriateness of the Goods/Products for your purpose.
8.3.2 the truth of any information given on aGallery4Art;
8.3.3 any implied warranty or condition as to merchantability or fitness of the Goods and Services for a particular purpose;
8.3.4 compatibility of aGallery4Art with your equipment software or telecommunications connection.
8.3.5 compliance with any law;
8.3.6 non-infringement of any right.
8.4.1 aGallery4Art allows Customers/Buyers and Artist to leave comments about Artists and Artworks. The comments are monitored by aGallery4Art before going live onto the website.
8.4.2 aGallery4Art has the right to remove any comments made against aGallery4Art, its Artists and Artworks/Products which we feel are of an abusive, malicious or offensive nature.
8.4.3 The person/people, Buyer/Customer or Artist/Artists responsible shall be removed from the site and banned from any future use. You acknowledge and agree that we shall not be liable in any way for these comments/feedbacks or product reviews.
8.5 aGallery4Art contains links to other Internet web sites. We have neither power nor control over any such web site. You acknowledge and agree that we shall not be liable in any way for the Content of any such linked web site, nor for any loss or damage arising from your use of any such web site.
8.6 We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of aGallery4Art or the purchase of Goods/Artworks.
8.7 In any claim against us our liability is limited to the value of the goods you have purchased in the contract which is the subject of the dispute.
9. Content and Intellectual Property Rights
9.1 Title, ownership rights, and intellectual property rights in the Content whether provided by us or by any other Content provider shall remain the sole property of us and / or the other Content provider. We will strongly protect its rights in all countries.
9.2 You may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part, except as is expressly permitted in this agreement.
9.3 The content of the pages of this website is for your general information and use only. It is subject to change without notice.
9.4 Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
9.5 This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
9.6 All trademarks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.
9.7You may download or copy the Content only for your own personal use, provided that you maintain all copyright and other notices contained in such Content. You may not store electronically any significant portion of any Content.
10. System Security
10.1 You agree that you will not, and will not allow any other person to, violate or attempt to violate any aspect of the security of the Installation;
10.2 you agree that you will in no way modify, reverse engineer, disassemble, decompile, copy, or cause damage or unintended effect to any portion of aGallery4Art, or any software used on aGallery4Art, and that you will not permit any other person to do so.
10.3 You understand that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution.
10.4 Examples of violations are:
10.4.1 accessing data unlawfully or without consent;
10.4.2 attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures;
10.4.3 attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing";
10.4.4 forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting;
10.4.5 taking any action in order to obtain Goods to which you are not entitled.
10.5 You agree to indemnify us against any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising out of:
10.5.1 any violation of system security as set out above;
10.5.2 your use of Our Web Site;
10.5.3 any other breach or violation of this agreement by you;
10.5.4 the infringement by you, or by any other user of your computer, of any intellectual property or other right of any person or entity, or as a result of any threatening, libellous, obscene, harassing or offensive material contained in any of your communications.
10.6 Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
11. Site Links
11.1 From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s).
11.2 We have no responsibility for the content of the linked website(s).
11.3 You may not create a link to this website from another website or document without aGallery4Art's prior written consent.
You agree to indemnify us against any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising in any way out of your use of aGallery4Art, or the infringement by you, or by any other person using your computer, of any intellectual property or other right of any person.
13. Contractual Limitations
Where we provide goods without specific charge, then it (or they) is deemed to be provided free of charge, and not to be associated with any other service for which a charge is made. Accordingly, there is no contractual nor other obligation upon us in respect of any such goods.
14. Rights of Third Parties
Nothing in this agreement or on our web site shall confer on any third party any benefit under the provisions of the contracts (Rights of Third Parties) Act 1999.
If any of these terms is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
16. No Waiver
No waiver by us, in exercising any right, power or provision hereunder shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver.
17. Dispute Resolution
In the event of a dispute arising out of or in connection with these terms or any contract between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.
18. Force Majeure
We are not liable for any breach of our obligations resulting from causes beyond our reasonable control including strikes of our own employees.
19. Governing Law
This Agreement shall be governed by and construed in accordance with the law of England. This agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.
20. Child Supervision
20.1 We are concerned about the safety and privacy of all our users, particularly children. Parents who wish to allow their children access to and use of the Website and Services should supervise such access and use.
20.2 By allowing your child access to the Website/Services you are allowing your child access to all of the Services, including image galleries, email, news groups, and/or other message or communication facilities.
20.3 There may also be artworks listed on aGallery4Aer which are not suitable for child viewing.
20.4 It is therefore your responsibility to determine which Services are appropriate for your child. Always use caution when revealing personally identifiable information about yourself or your children via any of the Services.
21. International Use of the website/services
You agree to comply with all applicable laws regarding the transmission of technical data exported from the United Kingdom or the country in which you reside (if different) and with all local laws and rules regarding acceptable use of and conduct on the Internet.